The Instigator
semipro05
Pro (for)
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The Contender
bubbao13
Con (against)
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Resolved In the United States juveniles ought to be treated as adults in the criminal justice system

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Voting Style: Open Point System: 7 Point
Started: 2/3/2011 Category: Politics
Updated: 6 years ago Status: Post Voting Period
Viewed: 5,805 times Debate No: 14043
Debate Rounds (3)
Comments (4)
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semipro05

Pro

LD FORMAT

I stand to affirm: Resolved: In the United States, juveniles charged with violent felonies ought to be treated as adults in the criminal justice system.

VALUE
The value for the round is justice, defined as giving each their due. This is the most important value within the round, because the resolution bases itself in the US legal system, the primary purpose of which is to deliver justice. Thus, justice is the most appropriate value to use.

CRITERION
The criterion for the round is utilitarianism, defined as doing the greatest amount of good for the greatest amount of people. By acting in the best interests of the greatest portion of society, utilitarianism is able to bring justice to more people and to widely effect the welfare of society more than any other criterion, making it the most important standard in the round.

C-1 MISCONDUCT INDICATES RECIDIVISM LIKELIHOOD
On a more practical level, research on the relationship of misconduct to recidivism can provide important information to practitioners charged with the release of state delinquents from juvenile incarceration. Notwithstanding other important benefits to examining the misconduct–recidivism relation- ship, this study suggests that misconduct may still provide some insight into the recidivism of youth as they transition from juvenile incarceration to freedom and from late adolescence into young adulthood. As mentioned, offenders transitioning from juvenile incarceration are, as a whole and as supported by post release recidivism research, still largely on the escalation side of the aggregate age–crime curve and represent some of the most risky juvenile offenders relative to re-offending. Involvement in institutional mis-conduct may signal a risk for continuity in offending post release and, at the least, the need for heightened attention to such offenders. As such, further attention should be placed on misconduct as part of the repertoire of information in terms of deciding who should get released and, perhaps more important, when they should be released. Almost all state juvenile commitments will eventually be released directly from juvenile incarceration (as opposed to adult prison transfer, for example), and with that fact in mind, institutional misconduct may serve as an additional early warning whereby further intervention efforts could be explored before release and transition back to society. Specific to the sample in this study, the results also suggest that such decisions should also give further credence to delinquent history variables, for example, gang membership and the length and seriousness of previous offending, including substance abuse history. These variables also appear relevant as an early warning sign for those offenders who may need different or lengthier services prior to their release from institutionalization to improve their chances for success post release.

C-2 THE TRANSFER SYSTEM IS CONSISTENT
Comparisons between sentencing outcomes for juveniles transferred to criminal court and other adult offenders have an advantage in that both groups are sentenced by the same set of judges who have at their disposal the same dispositional options (Kurlychek & Johnson, 2004). Similarly, the same statutes govern the sentencing of all defendants who are disposition in criminal court in a particular state, whereas juvenile court defendants are typically sentenced under a state's juvenile code. When making comparisons, these distinctions may be important because many states currently have guidelines in place which structure the sentencing of criminal defendants; however, because of the juvenile court's rehabilitative design, most state juvenile codes allow for individualized and indeterminate sentences. Thus, a better understanding of the effects of being waived to criminal court may be gained by comparing juveniles transferred to criminal court to other adult offenders who are processed in the same court .

C-3 RECIDIVISM HAS ALTERIOR CAUSES
Sub A- RECIDIVISM IS NOT BASED ON INSTITUTIONAL MISCONDUCT
Serious and Violent Delinquent Offenders, July 20, 2009
Based on data from 1,804 serious and violent male delinquents released from a large southern juvenile correctional system, this research found limited support for institutional misconduct as a determinant of recidivism. Of all measures of misconduct, only the rate of total misconduct infractions was related to post release rearrest, and this effect was generally small and found only in the rearrest frequency model, not the dichotomous rearrest model.

Sub B- FACTORS THAT ARE THOUGHT TO DETERMINE RECIDIVISM RATES NOW ARE BASED ON ASSUMPTIONS, NOT DATA THAT CORRELATE THEM
There is growing recognition that institutional misconduct may be an important determinant of recidivism following release from institutionalization. It is unfortunate that misconduct behavior while institutionalized has generally been disconnected from an understanding of post release recidivism out- comes, and little empirical research exists on this subject for adult or juvenile offenders. Measures of offender behavior pre incarceration, such as prior arrests and delinquent adjudications, have been staples in recidivism research involving juvenile offenders in particular the body of recent recidivism research on institutionalized and released juvenile offenders. The lack of research on the relationship of institutional misconduct to recidivism is thus surprising considering that misconduct behavior is a key indicator of continuity in delinquent and other antisocial behaviors. Moreover, factors found determinative of misconduct among institutionalized delinquent offenders are some of the same factors that have traditionally provided insight into post release recidivism.

Resources

Dr Chad Trulson, Dr Matt DeLisi, Dr James Marquart, professors at the University of North Texas, Iowa State University, and the University of Texas, respectively, Institutional Misconduct, Delinquent Background, and Rearrest Frequency Among Serious and Violent Delinquent Offenders, July 20, 2009

Benjamin Steiner, assistant professor of criminology and criminal justice at the University of South Carolina, The Effects of Juvenile Transfer to Criminal Court on Incarceration Decisions, March 2009

Benjamin Steiner, assistant professor of criminology and criminal justice at the University of South Carolina, The Effects of Juvenile Transfer to Criminal Court on Incarceration Decisions, March 2009

Dr Chad Trulson, Dr Matt DeLisi, Dr James Marquart, professors at the University of North Texas, Iowa State University, and the University of Texas, respectively, Institutional Misconduct, Delinquent Background, and Rearrest Frequency Among Serious and Violent Delinquent Offenders, July 20, 2009

Dr Chad Trulson, Dr Matt DeLisi, Dr James Marquart, professors at the University of North Texas, Iowa State University, and the University of Texas, respectively, Institutional Misconduct, Delinquent Background, and Rearrest Frequency Among Serious and Violent Delinquent Offenders, July 20, 2009

I Thank my opponent for accepting this Debate and hopefully this will be an interesting debate between the two of us...
bubbao13

Con

kill them all !
Debate Round No. 1
semipro05

Pro

Since my opponent is saying we should kill kids and is condoning murder which is a violent Felonie and has no main points and decides to make fun of what most people like to do i can only see a Pro ballot in this debate...
bubbao13

Con

bubbao13 forfeited this round.
Debate Round No. 2
semipro05

Pro

semipro05 forfeited this round.
bubbao13

Con

bubbao13 forfeited this round.
Debate Round No. 3
4 comments have been posted on this debate. Showing 1 through 4 records.
Posted by semipro05 6 years ago
semipro05
@all...well first off i believe that you guys are Mature enough to know the definitions, and vote for the one who supports and defends their case just as well as their opponents...
Posted by Badgerclaw22 6 years ago
Badgerclaw22
@Googlemage: I'm so tempted to do that, but I suppose that I should be a nice person. Maybe.
Posted by Googlemage 6 years ago
Googlemage
Because my opponent has failed to offer any definitions, I hereby define juvenilles as below the age of eight years old, and I define being "treated as an adult" as the death penalty. You know where this is going, so vote for the neg guys. Thank You.
Posted by THE_OPINIONATOR 6 years ago
THE_OPINIONATOR
PRO will win if all his opponent does is "no no"
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